Congress edges toward disaster

W. Louis Bissette Jr.Be Our Guest

Published: Sunday, March 1, 2009 at 4:30 a.m.

Last Modified: Saturday, February 28, 2009 at 10:53 p.m.

One of the most important rights given under the National Labor Relations Act of 1935 is an employee’s right to a private ballot in union-organizing elections. A new piece of legislation being debated right now in Congress would take away that right — the so-called Employee Free Choice Act (EFCA), or “card check” legislation. If enacted, this would be the most disastrous change in our country’s labor laws since the National Labor Relations Act was enacted.

In a union drive under current law, the union is required to file a petition to organize. This is followed by a campaign period, during which employees can listen to presentations from both sides. During this time, they have the freedom to discuss the issue with friends, family, and co-workers, and then can make a decision without fear of repercussion by casting their votes anonymously in a private ballot election. In a union drive under EFCA, instead of voting secretly, employees would be asked to sign a union card, checking a box on the card to indicate whether or not they support unionization—hence the name “card check” legislation.

Union organizers could approach employees anywhere, at any time, to get a signature on the union card. Employees would very likely be asked to sign these cards in front of union organizers, co-workers, and management. This situation would be rife for coercion, harassment, and pressure tactics from either side.

Proponents of this law want us to think it a privilege to be able to sign these authorization cards rather than vote by private ballot. Don’t be misled. The private ballot, in any election, is the cornerstone of American democracy and always should be—and the Employee Free Choice Act will take that fundamental right away from the American worker.

This loss of the private ballot is the most critical and negative change that would come with the law. But it is certainly not the only negative change.

Under EFCA, as soon as a simple majority of the company’s employees sign a union authorization card (that is, 50 percent plus one), the employer would be forced to immediately recognize the union for all workers, even those who did not vote to unionize. EFCA would force all employees of the company into the union, thus requiring each employee to pay hefty union dues.

And as if that weren’t enough, here are just a few of the other freedoms that employees will ultimately be deprived of under the deceptively titled Employee Free Choice Act:

n Employees will lose the right to negotiate with their employers individually and directly. Unions will negotiate with employers on behalf of employees, and, if a union and employer cannot come to agreement within 120 days, the federal government will send in a Washington bureaucrat to decide what pay, benefits, and working conditions workers receive, without a vote from the workers themselves.

n Employees will lose the right to work directly with their employers or supervisors to address grievances.

n Employees will lose the right to performance-based wages and promotions based on merit. Typically, being part of a union means equal wages for everyone regardless of performance, and promotions are based solely on seniority.

As the former mayor of Asheville, I believe this law will harm the workers of our community and will have negative economic consequences for our entire country.

I ask the citizens of Asheville to join me in letting our members of Congress know that we want them to vote against EFCA or any such legislation that masquerades as being pro-worker but in reality gives additional power to unions at the expense of the very workers they purport to represent.

Bissette, president of McGuire, Wood & Bissette attorneys and a former chairman of the Asheville Area Chamber of Commerce, served as mayor of Asheville from 1985 to 1989.

<p>One of the most important rights given under the National Labor Relations Act of 1935 is an employee’s right to a private ballot in union-organizing elections. A new piece of legislation being debated right now in Congress would take away that right  the so-called Employee Free Choice Act (EFCA), or card check legislation. If enacted, this would be the most disastrous change in our country’s labor laws since the National Labor Relations Act was enacted. </p><p>In a union drive under current law, the union is required to file a petition to organize. This is followed by a campaign period, during which employees can listen to presentations from both sides. During this time, they have the freedom to discuss the issue with friends, family, and co-workers, and then can make a decision without fear of repercussion by casting their votes anonymously in a private ballot election. In a union drive under EFCA, instead of voting secretly, employees would be asked to sign a union card, checking a box on the card to indicate whether or not they support unionizationhence the name card check legislation. </p><p>Union organizers could approach employees anywhere, at any time, to get a signature on the union card. Employees would very likely be asked to sign these cards in front of union organizers, co-workers, and management. This situation would be rife for coercion, harassment, and pressure tactics from either side.</p><p>Proponents of this law want us to think it a privilege to be able to sign these authorization cards rather than vote by private ballot. Don’t be misled. The private ballot, in any election, is the cornerstone of American democracy and always should beand the Employee Free Choice Act will take that fundamental right away from the American worker. </p><p>This loss of the private ballot is the most critical and negative change that would come with the law. But it is certainly not the only negative change.</p><p>Under EFCA, as soon as a simple majority of the company’s employees sign a union authorization card (that is, 50 percent plus one), the employer would be forced to immediately recognize the union for all workers, even those who did not vote to unionize. EFCA would force all employees of the company into the union, thus requiring each employee to pay hefty union dues.</p><p>And as if that weren’t enough, here are just a few of the other freedoms that employees will ultimately be deprived of under the deceptively titled Employee Free Choice Act:</p><p>n Employees will lose the right to negotiate with their employers individually and directly. Unions will negotiate with employers on behalf of employees, and, if a union and employer cannot come to agreement within 120 days, the federal government will send in a Washington bureaucrat to decide what pay, benefits, and working conditions workers receive, without a vote from the workers themselves.</p><p>n Employees will lose the right to work directly with their employers or supervisors to address grievances. </p><p>n Employees will lose the right to performance-based wages and promotions based on merit. Typically, being part of a union means equal wages for everyone regardless of performance, and promotions are based solely on seniority.</p><p>As the former mayor of Asheville, I believe this law will harm the workers of our community and will have negative economic consequences for our entire country. </p><p>I ask the citizens of Asheville to join me in letting our members of Congress know that we want them to vote against EFCA or any such legislation that masquerades as being pro-worker but in reality gives additional power to unions at the expense of the very workers they purport to represent. </p><p><i>Bissette, president of McGuire, Wood & Bissette attorneys and a former chairman of the Asheville Area Chamber of Commerce, served as mayor of Asheville from 1985 to 1989.</i></p>